Kerala State Electricity Board v. Suresh

ORDER

It is trite law that the deposition of a living person cannot be relied on except for the purpose of contradiction in evidence. But the court below has in the instant case relied on the deposition of the Agricultural Officer examined in another case. The assessment of compensation without the said Agricultural Officer being examined again cannot be sustained. The adoption of the land value has also not been done properly by comparing the sale deeds executed recently.

2. It is reported that orders passed in connected cases have already been set at naught in C.R.P No. 501 of 2013. I have no other option but to set aside the impugned order and remit the matter for de novo consideration. The sufficiency or otherwise of the existing report of the Advocate Commissioner shall be considered by the court below in the exercise. Fresh orders after affording the parties an opportunity of being heard shall be passed within a period of three months.

The impugned order is set aside and the Civil Revision Petition is allowed.